No Pot For You!

Extravaganja last April 18th, 2015

While the Amherst Select Board did not take an actual vote, their comments seemed to indicate they were in unanimous agreement with Interim Town Manager (for another week anyway) Dave Ziomek refusing to issue a permit this year for the 25th annual Extravaganja pot rally on the historic Town Common.

AFD Chief Nelson (left), APD Chief Livingstone (right)

APD Chief Scott Livingstone and AFD Chief Tim Nelson agreed the rally had outgrown the capacity of the Town Common and represented a potential threat to public safety.  The Select Board took pains to say they were not concerned with the message/content of the event, simply its size.

Connie Kruger pointed out they were a victim of their own success.  But now that she has two grandchildren she has become "more conservative," and public safety is paramount.

Terry Franklin, citing First Amendment, threatens to bring in ACLU

Longtime event organizer Terry Franklin threatened a lawsuit based on First Amendment grounds.

Stop! In the Name Of Common Sense

Valley View Drive intersects directly with South East Street

Acting as "keepers of the public way" the Amherst Select Board will vote tonight to install a stop sign at the intersection of Valley View Drive and South East Street, a 4.4 mile "scenic byway" that connects Main Street to Bay road.

That was just one recommendation that came out of a recent traffic study done by CDM Smith, costing $7,800, that found speeding was a concern, so an additional three speed limit signs, costing $1,700 total, will also be installed.

Interestingly a corresponding increase in accident rates was not uncovered as the problem area of South East Street had a 2.45 MVM (Million Vehicle Miles traveled) accident rate vs state average of 3.74 for this type of roadway.

DPW will hold off on adding a Yield sign near Stop sign in front of South Congregational Church in favor of an intersection redesign somewhere down the road

A Penny Wise Investment

Big changes coming to our little college town

Fortunately after the voters approve the Charter Question at this coming March 29 election the Town Treasurer -- according to state statute -- has 20 days to credit the Charter Commission account with $5,000.  No questions asked.

Since Town Meeting could very well be exterminated by the new government the Commission proposes, they may not be overly friendly about appropriating seed money, which is kind of like a federal penitentiary charging death row inmates an electricity surcharge to power the electric chair.

The nine member Commission that will also be elected on March 29 has 18 months maximum to come up with a new government proposal, but there is no minimum limit.  Then all it requires is a majority vote of the electorate at an annual election.

The Commission can issue a mid-term status report, hold at least two public hearings (1st one within 45 days of election) and must snail mail their final report to all the registered voters in town, so the $5,000 allowance is probably too low.

 Click to enlarge/read

Interestingly after the first Mayor/Council/Town Manager idea failed at the ballot box in 2003 by only 14 votes the boundlessly determined Stan Durnakowski went out and got enough signatures to bring it back two years later.

A legal firefight ensued when the Select Board, at the time led by Anne Awad and Gerry Weiss, refused to mail along with the Charter the letter of introduction by 7-of-9 Charter Commission members outlining why they came up with the new proposal.   Which of course was done the 1st time around.

 Select Board annual town report 2005

Yes this is the same Gerry Weiss who became Select Board Chair a few years later and co-conspired with Town Manager Larry Shaffer to tax the Boy Scouts Christmas tree sales on Kendrick Park.

And then trampled the First Amendment rights of the July 4th Parade Committee by denying them a parade permit because they refused to let unregistered protesters march in their private parade.  Something the town's municipal 250th Parade Committee would also do a few years later.

And yes, Mr. Weiss and his wife Jenifer McKenna -- as loyal followers of the status quo -- have taken out nomination papers for Charter Commission.

Those who adamantly resist any change (that must be voter approved) in our inefficient overly guided by self-interest current government, need to answer the simple question:  what are you afraid of? 

Mr Weiss is also not a big fan of transparency

Lesson Learned?

Thursday around noon, Sellen Street, town center

Friday around noon, Sellen Street, town center

In the past year I've spotted and photographed three vehicles in town center with a "denver boot" attached.  Being bright orange they are pretty hard to miss.  And all three times, within hours, the driver had paid their parking tickets so the boot would be removed.

According to Treasurer/Collector Parking Director Claire McGinnis the town has two boots although she can only remember maybe one occasion over the past ten years when both were in use at the same time.

The boot is used when a driver has accumulated five unpaid tickets, and since a simple parking meter violation is only $10 that five ticket threshold is not all that much in actual dollars.  Of course there's additional late fees on each ticket, and an additional $25 charge to remove the boot, $50 the second time and $75 the third time.

Which is why I'm a little surprised this driver has not gotten the message, and still let the parking meter expire.

 Town takes in almost as much in fines/violations as it does for routine meter fees

An Expensive Consideration (With A View)

Ron Bohonowicz extolled the southwest view to consider for library location

The Wildwood School Building Committee met yesterday in the Middle School for the first time since the Amherst School Committee pretty much boxed them in for building designs with their controversial 4-1 vote in favor of grade reconfiguration that requires two separate schools under one roof.

Amherst School (aka Wildwood) Building Committee yesterday

After almost two hours of painstaking presentation of four options that meet the ASC requirement, Building Committee Chair Mike Morris pretty much dismissed two of the options because they require "swing space" -- a temporary location to hold classes for all the students displaced by construction.

 Four options (pretty much whittled down to two)

Mr. Morris pointed out there are no spaces in Amherst large enough to handle all the Wildwood students and so the Schools would have to rent space at six or eight different locations strewn about the entire town.

Therefor due to "safety, learning and transportation considerations" he would prefer to avoid using swing space.  Superintendent Maria Geryk was nodding her head in agreement as he spoke.

Since the presentations took up most of the scheduled time for the two hour meeting the group will discuss and decide at their next meeting February 2, but it's pretty safe to assume the choice will be between W10 ($60,893,000) and W12 ($67,176,167).

 Maria Kopicki warns during Public Comment that public sentiment needs to be more carefully considered

Coincidentally the Amherst Finance Committee met in Town Hall just after the School Building Committee adjourned and during the "member report" Marylou Theilman brought up the school building project.

She presented a spreadsheet to the FinCom showing cost options for the Amherst short list as well as the most recent costs of school projects across the state financed by MSBA.

   Amherst School Cost Comparisons

 
One member wondered what the role of the Finance Committee would be in this process?  Chair Kay Moran pointed out they are advisers to Town Meeting, and it would be Town Meeting and then the voters who approve a debt exclusion Override to fund the new school construction project.

And even after it passes Town Meeting, although Ms. Moran thought it would be a "high hurdle" because it requires two-thirds support, it could still fall under their purview to educate the voters as to the financial implications of a yes vote: A $200 year tax increase for 30 years on an average home.
 
And maybe where Amherst currently sits for property tax rates statewide (in the top ten).

Ms. Theilman did say she was somewhat surprised when talking to one of the architects to learn that the moisture problems at Wildwood or Fort River would be solved by a simple renovation.  The old foundation is dug up, removed, and a moisture barrier installed before a new foundation is poured. 

School & Construction officials appear before Amherst Select Board 1/11/16 with Vince stalking in background

Zoning Battle Looms

University Drive parcel is located near UMass

The Planning Board voted unanimously (6-0) last night to sponsor two pro-development zoning articles for the annual Town Meeting that in all likelihood would have made the warrant as citizens petitions and Planning Board Chair David Webber pointed out they would have to do the same amount of work anyway, whether they are sponsoring them or not.

The hoped for outcome is by having the Planning Board sponsor the articles they will have more weight and be better received on the floor of Town Meeting.

Although anti-development NIMBY Town Meeting members have often portrayed the Planning Board as being cheerleaders for developers, so it could also be the kiss of death.

And a change in zoning requires a two-thirds vote, thus a stubborn minority can hold up vitally needed developments until the cows come home (which in Amherst is seldom to never).

Changing the zoning from Office Park to Business Limited for the 5.79 acre parcel that sits between a busy office park to the south and a shopping center to the north would allow a developer to build 32 units of student rental townhouses.

 Currently the property generates less than $100 per year in taxes

In 2010 Town Meeting voted down the identical zoning request mainly due to concerns about wetlands and drainage.  Attorney Tom Reidy told the Planning Board last night the developer has already completed a wetlands delineation study and consulted with the DPW about the drainage problem which may be solved by installing a larger pipe.

The Business Improvement District requested the other zoning tweak which would allow for residential construction in Business Limited Districts along three B-L locations around the downtown.

The article would exempt mixed use projects (commercial/residential) from the 20,000 square foot basic minimum lot area requirement known "Footnote B."

 

 Three B-L districts in downtown (circled in red).  Click to enlarge

This article, however, would have no impact on the University Drive property should it be successfully rezoned to B-L because the number of housing units already proposed are limited by wetlands.

The Planning Board will hold public hearings on February 17 and March 2nd for the proposals.  Town Meeting starts May 2nd.

Building Mega Shuffle

Fort River Elementary School does have extensive outdoor recreation facilities to lose

One of the more interesting things to come out of the public firefight at the Amherst School Committee meeting last night was the leaking of information regarding other building projects that do not seem to get any attention at all:  DPW and South Fire Station new buildings.

Vince O'Connor hatched a conspiracy plot about town officials wishing to abandon Fort River Elementary School in favor of a Wildwood mega-school, which is really twin schools under one roof, so it would then free up Fort River  for the new DPW building.

 DPW has outgrown its 100 year old building

And moving the DPW from it's current home in one of the classier neighborhoods in Amherst would then free up that location for the new South Fire Station, which has to be located within one mile of Amherst town center in order to abandon tired, old, cramped Central Station.

Which could then be sold to the highest bidder to create a trendy mixed use business/residential building in the heart of downtown.

Central Station could be razed for a new five story mixed use building (especially if a Parking Garage is built out back)

Thus we get three new municipal buildings -- School, Fire and DPW -- with no land acquisition costs.